Friday, September 18, 2015

UPDATE 10/30:
Defense attorney Charles Lindner was removed from the case on September 9, 2015 when the Marsden motion was granted. Defense attorney Dale Rubin is counsel of record. Next pretrial hearing is November 5. Note: I have jury duty the week of Nov 2-6 at the Van Nuys Courthouse and may not be able to attend this hearing. Sprocket

September 18, 2015
T&T has just learned that at the last Gargiulo hearing on September 14, defendant Gargiulo raised another Marsden motion. From that Marsden hearing, defense attorney Charles Lindner is off the case. Gargiulo finally got what he wanted, and that was a new attorney.

Defense attorney Dale Rubin, who was to handle the penalty phase is still assigned. It will take some time for a new counsel to get up to speed with over 30,000 pages of discovery.

It should be noted there is no limit as to the number of Marsden hearings a defendant can raise.

The next pretrial hearing is November 5, 2015. As I hear more information, I will update T&T readers.

On the upside, he can delay all he likes, but he's still sitting behind bars while he does so. I can understand doing that (can someone say, "Phil Spector"?) if you're out on bail/PR, but it seems a little pointless to me.

Note:It is not surprising to me that Gargiulo was successful in getting new counsel appointed.

That doesn't come from any special insight. There are some defendants who purposefully make it difficult for their counsel to represent them, but not impossible for counsel to represent them.

Albert Harutyunyan is charged with FOUR murders (two more than Gargiulo, who is charged with 2 murders and one attempted) and he was successful in getting new counsel also. The Harutyunyan case will go to trial. I don't believe Harutyunyan, after getting new counsel assigned three years ago, would suddenly be able to throw a wrench into his proceedings and get new counsel for a second time. Judges are not dumb. They've seen it all.

There comea a point where, the court doesn't tolerate any more gamesmanship by one side or the other.

If by some chance, after a year with this new counsel, Gargiulo raises Marsden again, claiming he can no longer work with his counsel, even if he raises a Marsden each time he comes into court, it may not go his way.

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